J.S.SEKHON, J. - (1.) DALJIT Singh, accused -respondent, was acquitted on a charge for the murder of his wife Mst. kulwant Kaur by the learned Additional Sessions Judge, Amritsar.
(2.) AGGRIEVED against the above referred order, the State of Punjab sought leave to appeal, which was granted by the Division Bench of this Court and the appeal was admitted. Briefly the facts of the prosecution case are that Mst. Kulwant Kaur daughter of Amar Singh was married with Daljit Singh accused about six year prior to the present occurrence. She failed to deliver any issue. Both the husband and wife used to quarrel with each other on account of being issueless. The parents -in -law of the deceased and Daljit Singh accused called the parents of the deceased for patching up the matter on three occasions. Accordingly, Amar Singh along with other members of the family brought about reconciliation between them. On July 1, 1982, Amar Singh, complainant, was informed by his son -in -law Daljit Singh accused in the factory at Chhehratha (Distt. Amritsar) about the ailment of Mst. Kulwant Kaur and that she was lying unconscious at the clinic of Dr. Krishna Kumar, at Chhehratha, Amar Singh PW along with his son -in -law and Jaswant Singh then went to the said clinic, but by then Kulwant Kaur had already expired. Dr. Krishan Kumar advised Amar Singh to get the dead body of Kulwant Kaur subjected to post -mortem examination. Daljit Singh accused, however, started entreating with his father -in -law saying that no post -mortem on the dead body was required. Thereafter, Amar Singh alongwith Comrade Gurmej Singh, Roda Singh went to police Station Lopoke and lodge report Exhibit PD at 2.45 p.m., which was recorded in the daily diary at 6.15 p.m. A copy of this report was sent to ASI Balkar Singh, PW 8 who rushed to the clinic of Dr. Krishan Kumar and held inquest on the dead body of Kulwant Kaur. The dead body was entrusted to Constable Sangat Singh and Janak Raj for autopsy. The autopsy on the dead body was conducted by Dr. Pritpal Singh (PW 1) at 12.30 p.m. on 2 -7 -1982. He found the lips and nails synosed. He also observed sub -dural haemorrhage besides the congestion of left lung, right lung and spleen and kidneys. There was, however, no external mark of injury. The viscera of deadbody was preserved and sent to the Chemical Examiner for analysis. The Chemical Examiner vide his report Exhibit PG/1 detected orango -phosphorus compound in the contents of the stomach, small and large intestines, liver, spleen and kidney as well as of the heart. On receipt of this report, De. Pritpal Singh opined that the death of Mst. Kulwant Kaur had taken place due to said poison. On receipt of the opinion of the above referred doctor, a case under Section 304, IPC was registered against the accused, on the basis of the daily diary report, Exhibit PH. Ultimately, the offence was changed to the one under Section 302, IPC. ASI Balkar Singh (PW 8) took over the investigation of this case and recorded the statements of the witnesses. During investigation, the statement of Pardip kumar (PW 3) was recorded, who disclosed having taken the deceased along with Daljit Singh accused and another person on his three -wheeler at 9 a.m. on July 1, 1982, towards the clinic of Dr. Krishan Kumar and charged Rs. 6/ - from the accused Kulwant Kaur was then suffering from sickness and when he covered a distance of 1 1/2 Karams, Daljit Singh accused asked him to stop the three wheeler and managed to slip away, Kulwant Kaur was crying "mar gai manu bachao". On the query of this witness, Kulwant Kaur apprised him that her husband had administered her something as she was not conceiving any child. Shortly thereafter, Daljit Singh accused along with another person again returned in the three -wheeler. Pardip Kumar (PW 3) brought all of them to the clinic of Dr. Krishan Kumar and thereafter left the spot.
(3.) DALJIT Singh accused continued absconding till 21.10.1988 when he contacted Bhupinder Singh (PW 40 at his house in village Bal Khurd and sought his help for patching up the matter with his father -in -law after confessing that he had committed the murder of his wife by administering poison as she was incapable of conceiving any child. Thereafter, the accused went away. Bhupinder Singh (PW 4) apprised Amar Singh father of the deceased of this episode, but latter did not agree to the reconciliation. After completion of the investigation, the accused was arraigned for trial on such like allegation.;